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AF | BCMR | CY2013 | BC-2012-05462
Original file (BC-2012-05462.txt) Auto-classification: Denied
                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS

IN THE MATTER OF:				DOCKET NUMBER:  BC-2012-05462
		 

						COUNSEL:  NONE

						HEARING DESIRED: NO

________________________________________________________________

APPLICANT REQUESTS THAT:

His Re-entry (RE) code “4C” “Approved Involuntary Separation for 
Concealment /Physical Standards/Less than 9.0 RGL,” be changed 
to allow him to reenlist in the Air Force.  

________________________________________________________________

APPLICANT CONTENDS THAT:

The Air Force knew of his flat feet and that he needed special 
soles for his right foot, yet he was erroneously discharged.  

The applicant did not submit any documents in support of his 
request.  

The applicant’s complete submission is at exhibit A. 

________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force on 
30 October 2007.  

On 5 December 2007, his commander notified him that he was 
recommending him for discharge under the provisions of Air Force 
Policy Directive (AFPD) 36-32, Military Retirements and 
Separations and Air Force Instruction (AFI) 36-3208 
Administrative Separation of Airmen, Chapter 5, Section C, 
Defective Enlistments. Specifically, the applicant did not meet 
the medical requirements to enlist.  

On 5 December 2007, the applicant acknowledged receipt of the 
commander’s intent to discharge him and waived his right to 
consult counsel and submit statements in his own behalf. 
Subsequent to the file being found legally sufficient the 
discharge authority approved the recommendation and directed 
that the applicant be discharged with an entry-level separation.  
The applicant was discharged effective 11 December 2007 with an 
entry level separation and “Uncharacterized” service. He was 
credited with serving 1 month and 12 days on active duty.  

AIR FORCE EVALUATION:

AFPC/DPSOA recommends denying the applicant’s request for an 
eligible RE code.  DPSOA states the applicant received an 
erroneous RE code on his DD 214.  His correct RE code is 2C, 
“Involuntarily Separated with an Honorable Character of Service; 
or Entry Level Separation without Characterization of Service.”  
The RE code 2C applies to all entry level separations without 
characterization of service regardless of whether the discharge 
was voluntary or involuntary.  AFPC/DPSOY will provide applicant 
a corrected copy of his DD Form 214 with RE code of 2C, unless 
otherwise directed by the Board. 

The complete DPSOA evaluation is at Exhibit C. 

________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

A copy of the Air Force evaluation was forwarded to the 
applicant on 21 December 2012 for review and comment within 30 
days (Exhibit D).  To date, a response has not been received.  

________________________________________________________________

THE BOARD CONCLUDES THAT:

1.  The applicant has exhausted all remedies provided by 
existing law or regulations.

2.  The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file.  

3.  Insufficient relevant evidence has been presented to 
demonstrate the existence of an error or injustice that would 
warrant action by the Board.  We note the Air Force Office of 
primary responsibility (OPR) indicates the applicant’s currently 
assigned RE code of “4C” is incorrect and that they will 
administratively correct it to reflect “2C” unless otherwise 
advised by this Board.  We concur with the administrative 
correction proposed by the OPR since the applicant has not 
responded to their advisory opinion indicating an objection to 
the administrative correction..  Therefore, in the absence of 
evidence to the contrary, we find  no basis to recommend 
granting the relief sought in this application.  

________________________________________________________________

THE BOARD DETERMINES THAT:

The applicant be notified that the evidence presented did not 
demonstrate the existence of material error or injustice; that 
the application was denied without a personal appearance; and 
that the application will only be reconsidered upon the 
submission of newly discovered relevant evidence not considered 
with this application.

________________________________________________________________

The following members of the Board considered this application 
BC-2012-05462 in Executive Session on 4 September 2013, under 
the provisions of AFI 36-2603:

			, Panel Chair
			, Member
			, Member

The following documentary evidence was considered in AFBCMR 
Docket Number bc-2012-04562:

    Exhibit A.  DD Form 149, dated 17 September 2012.
    Exhibit B.  Applicant's Master Personnel Records.
    Exhibit C.  Letter, AFPC/DPSOA, 13 December 2012.
    Exhibit E.  Letter, SAF/MRBR, dated 21 December 2012.

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